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SEBI proposes to ease entry norms for FPIs to avoid P-Notes route

29 Jun 2017 Evaluate

With an aim to encourage Foreign Portfolio Investors (FPIs) to invest directly in Indian markets without taking recourse to the so-called participatory notes (P-Notes), the market regulator Securities and Exchange Board of India (SEBI) has proposed relaxed entry norms for FPIs. It has suggested to ease some rules, including expanding the eligible jurisdictions for registration by including countries with diplomatic tie-ups with India. The regulator has also recommended for rationalising fit and proper criteria for FPIs as well as simplifying broad based requirements for such investors.

The regulator has proposed that Category I and II FPIs, which are essentially government and regulated entities, should not need any additional documentation and procedural requirements. However, Category III FPIs should continue to be subject to such requirements. It has also proposed that rationale of broad based criteria should be extended in other cases wherein the applicant funds have other institutional investors - sovereign wealth fund, insurance/reinsurance companies, pension funds, Exchange Traded Funds (ETFs) as their underlying investors.

Currently, an FPI is considered to be broad based in case such overseas investor has a bank as an underlying investor. Broad based fund means a fund, established outside India, which has at least 20 investors, with no investor holding more than 49 percent of the shares or units of the fund. SEBI has clarified on broad based requirements and said that in case such fund loses its status due to exit of some offshore global investors then it may not result in immediate loss of Category II status and added that three months time should be given to such funds to regain such status. Besides, the move would also avoid duplicate efforts and incremental documentation by the FPIs as well as the designated depository participants (DDPs).

The move comes after the SEBI board approved proposals to float a discussion paper on easing registration of FPIs. SEBI said “It is proposed that the list of eligible jurisdictions in terms of FPI Regulations for grant of registration to Category I FPIs, may be expanded by also considering those jurisdictions, wherein Government of India has diplomatic tie-up and FEMA compliant jurisdiction.” Consequently, more jurisdictions such as other provinces in Canada would be able to access the market due to change in FPI Regulations. The SEBI has sought comments from public till July 27 and a final regulation will be out in place after taking into views of all the stakeholders.

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